Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen Parrish Womble,
Council Members Absent: None.
Staff Members Present:
Chuck Simmons, assistant town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Otis Byrd, pastor of the First
Baptist Church of Holly Springs.
4. Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a. Public Hearing: Annexation Ordinance A04-10 – Ms. Bobber
explained that the Town has received a petition for voluntary annexation of
land containing 1.91 acres located at
Ms.
Bobber said the proposed property being annexed is also being considered for a
rezoning request, and it has been requested that the Council defer action on
the annexation ordinance until following the public hearing on the possible
rezoning of the property.
Mr.
Dave Brewer explained to the Board that he and his partner, David Orringer, have plans to purchase this property and to
develop an office building.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded: None.
Action: No action was taken at this time.
Mr. Schifano explained to the Council that the applicants
understand that it is within the Council’s purview to annex the property in one
action and consider the appropriate zoning designation in a separate
motion. The applicants also understand
that the zoning designation may not be what is requested.
5b. Public
Hearing: Comprehensive Growth Amendment
04-GPA-02 and Zoning Petition 04-REZ-13 –
Ms. Bobber explained that the Town has received an application requesting that
the recently-adopted Land Use Map be amended to modify the designation for the
subject address, 5432 Sunset Lake Road, from medium-density residential with a
density of 3.25 units per acre, to a mixed use designation.
According to the UDO, the mixed use
designation allows for low-intensity business activity to take place in
mixed-use buildings at a small scale to promote a village atmosphere. It also allows for some residential development
to take place. This designation was
designed to be a primary location for neo-traditional and in-fill development
with an emphasis on pedestrian activities.
Ms.
Bobber said that the subject site also is the subject of an annexation request,
as heard in the previous public hearing.
If the Council decides to annex the property, she explained, the
property automatically would be assigned a zoning designation of R-30:
Residential, pursuant to the UDO.
The
petitioner is requesting to change the zoning of the 1.18-acre parcel from R-30
to LB: Local Business. She said the
properties to the north, east, and west of this parcel are zoned R-10, and the
property to the south has a
Ms.
Bobber reported that the Planning Board had reviewed the petition and
recommends denial of both the request for a growth plan amendment and the zone
map change, following a 6-1 vote.
Mayor
Sears asked if the staff had a recommendation on the petition.
Ms.
Bobber said staff has concerns, but that the Local Business designation
probably would have no impact on residential properties in the area.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Paul
Brewer of
He
said he intends to develop the property into a business property that would
enhance the gateway into
David
Orringer,
Timothy
Higgins,
Isaiah
Thornton, 5105 Sunset
Mr.
Thornton said, if the property is developed as a business, a deceleration lane
would be needed on
Mr.
Thornton also noted that drainage is an issue.
He said he has spent $37,000 to fix his yard to mitigate run-off that pours
onto his lot. He said a new impervious
parking lot surface on this site would create more runoff.
Jocelyn
Thornton, 5105 Sunset
Ross
Carter, 5201 Sunset
He
added that there is no other commercial development in the immediate area, and
he and the Church would prefer that the property remain residential.
Paul
Kokkelenberg,
Larry
Phillips,
He
said traffic on
Isaiah
Thornton, 5105 Sunset
There being no further comments, the
public hearing was closed.
In discussion, Councilman Pearson
said he was not inclined to approve the rezoning petition because of the input
given during the public hearing, but also because of the residential nature of
the immediate surrounding area.
Councilman VanFossen reviewed the
permitted uses that would be allowed in the LB district. He said more intensive commercial uses are
allowed in the LB, but only with a conditional use permit, which would require
a public hearing, site plan review and council approval based on a specific
development plan. This procedure would
allow residents to address specific issues related to development of the site,
including the traffic issues.
Councilman VanFossen pointed out
that
He added that a parking lot within a
development with businesses makes sense because it will get the vehicles off
Councilman Atwell agreed that
impacts on adjacent property owners would be minimized by the Town’s regulations,
and he said the site plan could be strictly controlled in regard to buffering
and landscaping.
As for Wescott,
Councilman Atwell said, the homes located across
He said he agrees that residential
is not an appropriate use for properties fronting on
As for the drainage issue,
Councilman Atwell said those with concerns should bring them to the engineering
department’s attention for further study.
Looking ahead, Councilman Atwell
said he sees that area as it is designated on the Town’s Thoroughfare Plan -- a
four-lane median-divided roadway and inappropriate for residential
development. He said he supports the
petition.
Councilman Womble said
Councilman Atwell pointed out that
the Town’s ordinances would require a zero increase in run-off from one
property to another.
Councilman Dickson said the property
would serve as a transitional commercial property next to the church and before
subdivisions located further down
Action
#1: The Council approved a motion to
adopt Annexation Ordinance A04-10 annexing property containing 1.91 acres owned
by Jackie P. and Nancy M. Walker, more particularly described as Wake County
Pin(s): 0669.01-15-5226, into the corporate limits of the Town of Holly
Springs.
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
A copy of
Annexation Ordinance A04-10 is incorporated into these minutes as addendum
pages.
Action #2: The Council approved
a motion to approve adoption of Growth Plan Amendment 04-GPA-02 to change the
land use designation of
Motion
By: VanFossen
Second
By: Atwell
Vote: The motion carried
following a 4-1 vote. Councilmen Womble,
VanFossen, Atwell and Dickson voted for the motion. Councilman Pearson voted against.
Action #3: The Council approved
a motion to approve Zoning Petition 04-REZ-13 change the zoning classification
of 5432 Sunset Lake Road from Residential: R-30 upon annexation to LB: Local
Business.
Motion
By: VanFossen
Second
By: Atwell
Vote: The motion carried
following a 4-1 vote. Councilmen Womble,
VanFossen, Atwell and Dickson
voted for the motion.
Councilman Pearson voted against.
5c.
Public Hearing: Annexation
Ordinance A04-11 – Ms. Bobber explained to the Council that the Town has
received a petition for voluntary annexation of approximately 82.15 acres
located along
Ms.
Bobber said that this property also is the subject of a rezoning request later
in the meeting, and it has been requested that the Council defer action on the
annexation ordinance until following the public hearing addressing the rezoning
of the property.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded:
Tom
Spaulding, Spaulding & Norris
– Mr. Spaulding, speaking on behalf of the property owner and developer, spoke
in favor of the annexation.
Action: No action was taken.
5d. Public
Hearing: Zoning Petition 04-REZ-12 – Mr. Hammerbacher explained that the petitioner is requesting
to change the zoning of approximately 81 acres of land located on Old Holly
Springs-Apex Road from R-30: Residential upon annexation to R-10
Residential. He said that the properties
to the north, south, and east of this parcel are zoned residential, and
property to the west is zoned industrial.
Mr. Hammerbacher said
the R-10: residential zoning would be in accordance with the medium density residential
designation in the Land Use plan and would allow for single-family residential
with a minimum lot size of 10,000 square feet.
The R-10 zoning development incentives allow a mixture of single-family
development with lots as small as 7,500 square feet, multi-family, and possibly
a limited amount of commercial development.
Mr. Hammerbacher said staff and the Planning Board have
reviewed the petition and recommend approval.
Mr.
Spaulding addressed the Council and said that with the BFI construction and
demolition landfill’s closing in 2005, this site can be planned and developed
around its closing.
Councilman
Atwell inquired regarding the power lines across the property and whether a
cemetery would be challenges in development of the property.
Mr.
Spaulding said that the property would be developed and be creative in
design. He said the power lines would be
rerouted.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded: None.
There being no comments, the public
hearing was closed.
Action #1: The Council approved
a motion to adopt Annexation Ordinance A04-11 annexing property containing
approximately 82 acres at 4325
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
A copy of
Annexation Ordinance A04-11 is incorporated into these minutes as addendum
pages.
Action #2: The Council approved
a motion to approve Rezoning Petition #04-REZ-12 to rezone 81.1 acres of Wake
County PIN # 0649.01-38-4133 from Residential: R-30 upon annexation to
Residential: R-10, as requested by Tom Spaulding of Spaulding & Norris.
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
6d.
Pines of Carolina Girl Scout Troop #255 - Ms.
Action: None.
5e. Public
Hearing: Community Development Block
Grant Scattered Sites Program – Ms.
Mizelle explained to the Town Council that a public hearing is required to
amend the town’s program to add relocation as an approved activity to the FY 03
Scattered Site CDBG Housing project.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded: None.
Action: No action taken.
6a.
Ms. Powell explained that most applications received in the
grant application process were scheduled for Council consideration on Nov. 2;
however, the Kiwanis Club’s pre-Halloween event prompted the organization’s
request for earlier consideration.
Mayor Sears said he believes the Kiwanis Club Haunted School
House is a fun and safe event held at the
Action: The Council approved
a motion to award a Community Agency Grant in the amount of the $2,500 to the
Kiwanis Club of
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
A copy of the Kiwanis Club of Holly Springs Community Agency
Grant application is incorporated into these minutes as addendum pages.
6b.
Chamber of Commerce Community Grant - Tim Sack, chairman of the Holly Springs Chamber of
Commerce Board of Directors introduced new Chamber Executive Director Chris
“Scoop” Green, who addressed the Council
to provide supplemental information to the Chamber's application for a
Community Agency Grant. The Chamber has
submitted an application requesting $45,000 from the Town.
He asked the Council to have a dialogue with Chamber, and
much of the meeting was geared to discussions.
Major points of the Chamber were:
·
The manpower and resources required to sponsor events like the Holly Days
Parade and September Fest are a drain on the Chamber’s resources, especially in
the area of the time spent by paid personnel in advance of the events.
·
From a Chamber of Commerce activities standpoint, the Chamber is
self-sufficient; however, the extracurricular activities of sponsoring
community events zaps its resources.
·
The Chamber of Commerce will always need some amount of financial support
from the Town to fund its activities that benefit the community.
Major counterpoints offered by members of the Council were:
·
The Town bears most of the financial burden of September Fest and Holly
Days.
·
The Town has assisted the Chamber not only in providing funding to supplement
the Chamber’s budget, but also in purchasing $18,000 worth of membership
directories last year, which, presumably, paid the cost of printing.
· The Town Council and Chamber perhaps should meet together to devise ways of support the Town could provide without spending dollars (printing and mailing services for the directory, taking September Fest and the Holly Days Parade back as Town-sponsored events.
Councilman Pearson suggested that a simple Memo of
Understanding detailing how much would be provided in funding and what it can
be used for should be agreed upon.
Councilman Atwell agreed.
Councilman VanFossen suggested that funding for purchasing
directories, September Fest, the Holly Days Parade and participation in the
Chamber’s annual golf tournament with teams and as a sponsor be included in the
Town’s budget as line items each year separate from the Community Agency Grant
program.
Mayor Sears agreed.
Councilman Dickson agreed and added that he feels the Chamber
should still be eligible to apply in the Community Agency Grant Program for
special additional grants for specific projects.
In the end, Chamber officials and the Council agreed by
consensus to schedule a meeting with a few council members and Chamber
officials to iron out details of a funding agreement.
Action: The Council approved
a motion to defer action until the Nov. 2 Town Council meeting.
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
6c.
Action: The Council approved
a motion to adopt Resolution 04-34 adopting the Town of
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
A copy of Resolution 04-34 is incorporated into these
minutes as addendum pages.
7. Consent Agenda: All items on the Consent Agenda were approved following a
motion by Councilman Dickson, a second by Councilman Womble and a unanimous
vote. The following actions were
affected:
7a. Budget Amendment $21,000 – The Council adopted an amendment to the FY 2004-05 budget in
the amount of $21,000 to distribute expenditures related to 911 land lines and
wireless funds. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
7b. Budget Amendments $47,800 – The Council
adopted amendments to the FY 2004-05 budget in the amount of $47,800 to cover
the cost of Jones Park lighting. Copies of the budget
amendments are incorporated into these minutes as addendum pages.
7c. Budget Amendment $25,500 – The Council adopted an amendment to the FY 2004-05 budget
in the amount of $25,500 to cover the cost of computer software upgrades for
the parks and recreation department. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7d. Resolution 04-41 – The Council
adopted Resolution 04-41 to receive a grant in the amount of $37,573 from the
North Carolina Governor’s Highway Safety Program. A copy
of Resolution 04-41 is incorporated into these minutes as an addendum page.
7e.
7f. Resolution 04-42 – The Council adopted Resolution 04-42, approving financing
terms for the purchase of a copier and associated equipment. A copy
of Resolution 04-42 is incorporated into these minutes as an addendum page.
7g. Budget Amendment $89,000 – The Council adopted an amendment to the FY 2004-05
budget in the amount of $89,000 to assign installment financing funds for the
purchase of a high-production color copier/printer to the capital outlay
(equipment) line item. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7h.
7i. Board of Adjustment ETJ Regular Member –
The Council nominated Steve Murray, 5317 Shadow Valley Road, to the Wake County
Board of Commissioners for appointment to fill a vacancy on the Board of
Adjustment for an ETJ regular member.
7j. Minutes – The
Town Council approved the minutes of the
7k. Annexation
Ordinance A04-08 – The Council
adopted Annexation Ordinance A04-08 annexing 2.50 acres located at
8.
Mr. Simpson reviewed the bidding and
construction schedules with the Town Council.
Action: The Council
approved a motion to approve the construction bid documents for the new fire
station to be located on
Motion
By: Pearson
Second
By: Dickson
Councilman
VanFossen discussed with Mr. Simpson the side elevations showing different
samples of siding materials he said were not submitted for Town Council
approval.
Mr.
Simpson said he understood that he was to provide elevations for information
but not necessarily for Town Council action.
He noted that he had delivered via email several exterior siding options
in the days following the meeting at which the request was made.
After
much discussion regarding the front, rear and side elevations and the
materials, Councilman VanFossen asked Mr. Simpson to provide at a future
meeting the side elevations showing alternative materials prior to the awarding
of the bids for construction.
Vote: Unanimous.
[Note: Mayor Sears
stated that the motion carried with one abstention; however, Commissioner VanFossen’s silence as the vote was taken counts as an
affirmative vote, according to G.S. 160A-75.
There were no votes against the motion; therefore, the motion carried
unanimously.]
9a.
Police Station Contract Change Order - Mr.
Simpson explained to the Council members that his company requests approval of
final construction contract change orders totaling $26,681 for the Holly
Springs Police Station project.
The
original contract for the Police Station was $550,000, and the change orders
represent a 4.85% increase in the contract.
The 11 requested change orders are:
1.
Reconfigure plumbing at first floor restrooms based on redesign,
including relation of mop sink and water heater -- $3,300.
2. Redo
level one restrooms per code department to handicap
accessibility standards, a design change due to additional plumbing chase in
restrooms -- $2,100.
3. Add
back in from original contract pole lights in front of building -- $4,800.
4.
Miscellaneous electrical changes, addition of outlets and
telecommunications room outlets -- $1,085.
5.
Addition of conduit to communications room conduits and box for
security, conduit and roof flanges for antenna -- $1,375.
6.
Extend mechanical equipment screen wall on south side of building on
roof -- $2,125.
7. Seal
interior brick walls -- $3,200.
8. Add
rails at front entry, per code enforcement -- $500.
9.
Additional wood flooring for upstairs office -- $599.
10. Add ceramic tile in shower on lower level and
delete tile from lobby for janitor’s closet -- $1,116.
11. Rework duct work on second level to fit over
rework duck work to fit above ceiling on lower level -- $1,850.
Mr.
Simpson said that the first two change order items are directly related to a
mistake associated with inadequate sizing of the downstairs bathrooms by the
architect. The total cost for this
design oversight is $5,400.
The
Town, he said, is asked to consider approving these first two items (thus
paying the contractor these additional costs), since his firm provided more
than $6,200 in extra service hours (extra punch list and walk-through hours) to
the Town that his firm has not billed for (and will not bill for) to date.
The
Council questioned Change Order No. 11, which was a subcontractor re-design not
requested by the architect nor the town. The Council’s consensus was that the Town
should not approve Change Order No. 11 at this time and to revisit the request
later if more information is provided that merits further review.
There
also was much discussion about Change Orders Nos. 1 and 2 and whether the Town
should honor the pay request since the work was necessitated by the architect’s
mistake.
Mr.
Simpson explained more about how he had provided services to the Town above and
beyond his firm’s contract and even though the contract change was caused by a
design mistake, his firm provided extra, unbilled
services that more than offset the cost of the change orders.
Action: The Council
approved a motion to approve the police station construction contract change
orders Numbers 1-10, leaving No. 11 unapproved, but giving Mr. Dean the
authority to approve it once more information is provided.
.
Motion
By: Womble
Second
By: Atwell
Vote: Unanimous
Copies of the approved construction contract
change orders are incorporated into these minutes as addendum pages.
9b.
Sunset Bluffs Developer Agreement - Ms. Sudano explained
that the Sunset Bluffs development plan recently was approved by the Town
Council. She said the construction
drawings have been submitted and approved with the exception of one issue.
She
said the proposed development of this property requires the re-alignment of
gravity sewer lines and a three-phase power line that serves the existing
pumping station. The developer has
proposed to re-route the three-phase power along the proposed gravity sewer
line, between lots. It is staff's opinion
that the power lines should be re-routed to come in through the new public roads
into the subdivision and then to the pump station (in lieu of between private
lots). The reasons are for safety and
for reliability.
Ms.
Sudano said that staff has worked with the developer to come up with a proposed
solution to the extra expenses associated with this relocation. She said the developer indicates that
Progress Energy has estimated additional costs of $12,000 for rerouting the
power in this manner.
She
said staff recommends that the developer be granted sewer acreage fee credits
up to this total amount in exchange for the developer's paying for the power
lines to be re-routed as requested by staff.
Action: The Council
approved a motion approving the concept of a developer agreement providing the
Sunset Bluffs developer sewer acreage fee credits up to the amount of $12,000
in exchange for the developer's paying for the re-routing of power lines,
subject to the the developer agreement’s being
approved by the town attorney and the engineering department.
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous
9c.
Sidewalk Crew Proposal
– Mr. McNeil explained that at the Oct. 5 Town Council meeting, the Council
requested town staff to research the possibilities of the Town's hiring a
sidewalk installation and maintenance crew.
Mr.
McNeil reported that the Town would need to hire two (2) employees that would
cost in the range of $25,000 to $30,000 each.
The only new equipment the Town would need to purchase would be forms,
costing no more than $2,000.
Mr.
Simmons added that this crew could be funded out of the FY 2004-05 Powell Bill
Funds the Town receives, and the crew would document its work for Powell Bill
accounting purposes.
Action:
The Council approved a motion to endorse the concept of creating two (2)
positions to form a sidewalk crew.
Motion
By: VanFossen
Second
By: Womble
Vote: Unanimous
10. Public Comment:
At this time, an opportunity was provided for members of the audience who had
registered to speak to address the Council on any variety of topics not listed
on the night’s agenda. The following
citizens were heard: None.
11. Other
Business: None.
12. Manager’s Report: Mr. Simmons reported that auditors began today.
13. Closed Session: The Council approved a
motion to enter into Closed Session,
pursuant
to G.S. 143-318.11(a)(3), for the purpose of discussing with the Town Attorney
under the client-attorney privilege a matter involving a property boundary
dispute at the library site; and pursuant to G.S. 143-318.11(a)(5), to discuss
terms of a potential consulting contract.
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Town Council gave direction to the Town
Attorney to resolve a property boundary dispute at the library site.
The Council considered information provided by Mayor Sears
regarding a contract with a consultant who would cipher through landfilling vs. hauling-out-of-county proposals provided to
Wake County by various solid waste companies.
The mayor said the Town needs to challenge the numbers contained
in the proposals, but the numbers are so confusing and misleading that an
expert’s advice is needed.
In Closed Session, the Town Attorney also reported to the Council
about an ongoing litigation matter involving the Town and Thompson Grading and
Contracting. He said the plaintiffs are
going for summary judgment that the Town caused the company delays and related
costs. He reported that the Town has a
strong defense in the matter and following the results of the summary judgment,
the two parties may be able to settle the dispute.
-- End General Account
Action: The
Council approved a motion to return to Open Session.
Motion By:
VanFossen
Second By: Atwell
Vote:
Unanimous.
Action: In Open
Session, the Council approved a motion to enter into a contract not to exceed
$10,000 with landfill proposal consultant Bill Meyer.
Motion By:
VanFossen
Second By: Dickson
Vote:
Unanimous
14. Adjournment: There
being no further business for the evening, the
Respectfully
Submitted on
_________________________________
Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the